| 1 | | - | Assembly Bill No. 3161 CHAPTER 757An act to amend Section 1279.6 of the Health and Safety Code, relating to health facilities. [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 3161, Bonta. Health facilities: patient safety and antidiscrimination.Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to develop, implement, and comply with a patient safety plan to improve the health and safety of patients and to reduce preventable patient safety events. The patient safety plan requires specified elements, including, but not limited to, a reporting system for patient safety events that allows anyone involved to make a report of a patient safety event to the health facility, and a process for a team of facility staff to conduct analyses related to root causes of patient safety events. A violation of these provisions is a crime.This bill would require the reporting system to include anonymous reporting options. The bill would also require analysis of patient safety events by specified sociodemographic factors to identify disparities in these events and would state the intent of the Legislature that a health facility use prescribed stratification categories for this requirement and that a health facility, for certain sociodemographic factors, only be required to disclose information that is voluntarily provided by the patient or client. The bill would require that the safety plan include a process for addressing racism and discrimination and its impacts on patient health and safety, including monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities, and encouraging facility staff to report suspected instances of racism and discrimination. The bill would require, beginning January 1, 2026, and biannually thereafter, that health facilities submit patient safety plans to the departments licensing and certification division. The bill would authorize the department to impose a fine not to exceed $5,000 on health facilities for failure to adopt, update, or submit patient safety plans, and would authorize the department to grant an automatic 60-day extension to submit biannual patient safety plans. The bill would require the department to make all patient safety plans submitted by health facilities available to the public on its internet website. By expanding the requirements on health facilities, the bill would expand the definition of a crime and would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1279.6 of the Health and Safety Code is amended to read:1279.6. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facilitys various health care professionals.(b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following:(1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facilitys various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following:(A) Review and approve the patient safety plan.(B) Receive and review reports of patient safety events as defined in subdivision (c).(C) Monitor implementation of corrective actions for patient safety events.(D) Make recommendations to eliminate future patient safety events.(E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan, and to incorporate advancements in patient safety practices.(2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options.(3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facilitys various categories of health care professionals, with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events:(A) Age.(B) Race.(C) Ethnicity.(D) Gender identity.(E) Sexual orientation.(F) Preferred language spoken.(G) Disability status.(H) Payor.(I) Sex.(4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client.(5) A reporting process that supports and encourages a culture of safety and reporting patient safety events.(6) A process for providing ongoing patient safety training for facility personnel and health care practitioners.(7) A process for addressing racism and discrimination, and its impacts on patient health and safety, that includes, but is not limited to:(A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities.(B) Encouraging facility staff to report suspected instances of racism and discrimination.(c) Commencing January 1, 2026, and biannually thereafter, health facilities shall submit patient safety plans to the departments licensing and certification division.(1) The department may impose a fine not to exceed five thousand dollars ($5,000) on health facilities for failure to adopt, update, or submit patient safety plans.(2) The department may grant a health facility an automatic 60-day extension for submitting biannual patient safety plans.(d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website. (e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Preventions National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 1 | + | Enrolled August 31, 2024 Passed IN Senate August 27, 2024 Passed IN Assembly August 28, 2024 Amended IN Senate August 23, 2024 Amended IN Senate August 15, 2024 Amended IN Senate June 19, 2024 Amended IN Assembly May 16, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3161Introduced by Assembly Member Bonta(Coauthor: Assembly Member Jackson)(Coauthor: Senator Rubio)February 16, 2024An act to amend Section 1279.6 of the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGESTAB 3161, Bonta. Health facilities: patient safety and antidiscrimination.Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to develop, implement, and comply with a patient safety plan to improve the health and safety of patients and to reduce preventable patient safety events. The patient safety plan requires specified elements, including, but not limited to, a reporting system for patient safety events that allows anyone involved to make a report of a patient safety event to the health facility, and a process for a team of facility staff to conduct analyses related to root causes of patient safety events. A violation of these provisions is a crime.This bill would require the reporting system to include anonymous reporting options. The bill would also require analysis of patient safety events by specified sociodemographic factors to identify disparities in these events and would state the intent of the Legislature that a health facility use prescribed stratification categories for this requirement and that a health facility, for certain sociodemographic factors, only be required to disclose information that is voluntarily provided by the patient or client. The bill would require that the safety plan include a process for addressing racism and discrimination and its impacts on patient health and safety, including monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities, and encouraging facility staff to report suspected instances of racism and discrimination. The bill would require, beginning January 1, 2026, and biannually thereafter, that health facilities submit patient safety plans to the departments licensing and certification division. The bill would authorize the department to impose a fine not to exceed $5,000 on health facilities for failure to adopt, update, or submit patient safety plans, and would authorize the department to grant an automatic 60-day extension to submit biannual patient safety plans. The bill would require the department to make all patient safety plans submitted by health facilities available to the public on its internet website. By expanding the requirements on health facilities, the bill would expand the definition of a crime and would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1279.6 of the Health and Safety Code is amended to read:1279.6. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facilitys various health care professionals.(b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following:(1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facilitys various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following:(A) Review and approve the patient safety plan.(B) Receive and review reports of patient safety events as defined in subdivision (c).(C) Monitor implementation of corrective actions for patient safety events.(D) Make recommendations to eliminate future patient safety events.(E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan, and to incorporate advancements in patient safety practices.(2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options.(3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facilitys various categories of health care professionals, with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events:(A) Age.(B) Race.(C) Ethnicity.(D) Gender identity.(E) Sexual orientation.(F) Preferred language spoken.(G) Disability status.(H) Payor.(I) Sex.(4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client.(5) A reporting process that supports and encourages a culture of safety and reporting patient safety events.(6) A process for providing ongoing patient safety training for facility personnel and health care practitioners.(7) A process for addressing racism and discrimination, and its impacts on patient health and safety, that includes, but is not limited to:(A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities.(B) Encouraging facility staff to report suspected instances of racism and discrimination.(c) Commencing January 1, 2026, and biannually thereafter, health facilities shall submit patient safety plans to the departments licensing and certification division.(1) The department may impose a fine not to exceed five thousand dollars ($5,000) on health facilities for failure to adopt, update, or submit patient safety plans.(2) The department may grant a health facility an automatic 60-day extension for submitting biannual patient safety plans.(d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website. (e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Preventions National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 14 | 28 | | |
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| 15 | 29 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 30 | | |
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| 17 | 31 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 32 | | |
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| 19 | 33 | | AB 3161, Bonta. Health facilities: patient safety and antidiscrimination. |
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| 20 | 34 | | |
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| 21 | 35 | | Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to develop, implement, and comply with a patient safety plan to improve the health and safety of patients and to reduce preventable patient safety events. The patient safety plan requires specified elements, including, but not limited to, a reporting system for patient safety events that allows anyone involved to make a report of a patient safety event to the health facility, and a process for a team of facility staff to conduct analyses related to root causes of patient safety events. A violation of these provisions is a crime.This bill would require the reporting system to include anonymous reporting options. The bill would also require analysis of patient safety events by specified sociodemographic factors to identify disparities in these events and would state the intent of the Legislature that a health facility use prescribed stratification categories for this requirement and that a health facility, for certain sociodemographic factors, only be required to disclose information that is voluntarily provided by the patient or client. The bill would require that the safety plan include a process for addressing racism and discrimination and its impacts on patient health and safety, including monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities, and encouraging facility staff to report suspected instances of racism and discrimination. The bill would require, beginning January 1, 2026, and biannually thereafter, that health facilities submit patient safety plans to the departments licensing and certification division. The bill would authorize the department to impose a fine not to exceed $5,000 on health facilities for failure to adopt, update, or submit patient safety plans, and would authorize the department to grant an automatic 60-day extension to submit biannual patient safety plans. The bill would require the department to make all patient safety plans submitted by health facilities available to the public on its internet website. By expanding the requirements on health facilities, the bill would expand the definition of a crime and would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 22 | 36 | | |
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| 23 | 37 | | Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to develop, implement, and comply with a patient safety plan to improve the health and safety of patients and to reduce preventable patient safety events. The patient safety plan requires specified elements, including, but not limited to, a reporting system for patient safety events that allows anyone involved to make a report of a patient safety event to the health facility, and a process for a team of facility staff to conduct analyses related to root causes of patient safety events. A violation of these provisions is a crime. |
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| 24 | 38 | | |
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| 25 | 39 | | This bill would require the reporting system to include anonymous reporting options. The bill would also require analysis of patient safety events by specified sociodemographic factors to identify disparities in these events and would state the intent of the Legislature that a health facility use prescribed stratification categories for this requirement and that a health facility, for certain sociodemographic factors, only be required to disclose information that is voluntarily provided by the patient or client. The bill would require that the safety plan include a process for addressing racism and discrimination and its impacts on patient health and safety, including monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities, and encouraging facility staff to report suspected instances of racism and discrimination. The bill would require, beginning January 1, 2026, and biannually thereafter, that health facilities submit patient safety plans to the departments licensing and certification division. The bill would authorize the department to impose a fine not to exceed $5,000 on health facilities for failure to adopt, update, or submit patient safety plans, and would authorize the department to grant an automatic 60-day extension to submit biannual patient safety plans. The bill would require the department to make all patient safety plans submitted by health facilities available to the public on its internet website. By expanding the requirements on health facilities, the bill would expand the definition of a crime and would impose a state-mandated local program. |
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| 26 | 40 | | |
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| 27 | 41 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 28 | 42 | | |
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| 29 | 43 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 30 | 44 | | |
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| 31 | 45 | | ## Digest Key |
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| 32 | 46 | | |
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| 33 | 47 | | ## Bill Text |
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| 34 | 48 | | |
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| 35 | 49 | | The people of the State of California do enact as follows:SECTION 1. Section 1279.6 of the Health and Safety Code is amended to read:1279.6. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facilitys various health care professionals.(b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following:(1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facilitys various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following:(A) Review and approve the patient safety plan.(B) Receive and review reports of patient safety events as defined in subdivision (c).(C) Monitor implementation of corrective actions for patient safety events.(D) Make recommendations to eliminate future patient safety events.(E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan, and to incorporate advancements in patient safety practices.(2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options.(3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facilitys various categories of health care professionals, with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events:(A) Age.(B) Race.(C) Ethnicity.(D) Gender identity.(E) Sexual orientation.(F) Preferred language spoken.(G) Disability status.(H) Payor.(I) Sex.(4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client.(5) A reporting process that supports and encourages a culture of safety and reporting patient safety events.(6) A process for providing ongoing patient safety training for facility personnel and health care practitioners.(7) A process for addressing racism and discrimination, and its impacts on patient health and safety, that includes, but is not limited to:(A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities.(B) Encouraging facility staff to report suspected instances of racism and discrimination.(c) Commencing January 1, 2026, and biannually thereafter, health facilities shall submit patient safety plans to the departments licensing and certification division.(1) The department may impose a fine not to exceed five thousand dollars ($5,000) on health facilities for failure to adopt, update, or submit patient safety plans.(2) The department may grant a health facility an automatic 60-day extension for submitting biannual patient safety plans.(d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website. (e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Preventions National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 36 | 50 | | |
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| 37 | 51 | | The people of the State of California do enact as follows: |
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| 38 | 52 | | |
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| 39 | 53 | | ## The people of the State of California do enact as follows: |
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| 40 | 54 | | |
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| 41 | 55 | | SECTION 1. Section 1279.6 of the Health and Safety Code is amended to read:1279.6. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facilitys various health care professionals.(b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following:(1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facilitys various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following:(A) Review and approve the patient safety plan.(B) Receive and review reports of patient safety events as defined in subdivision (c).(C) Monitor implementation of corrective actions for patient safety events.(D) Make recommendations to eliminate future patient safety events.(E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan, and to incorporate advancements in patient safety practices.(2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options.(3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facilitys various categories of health care professionals, with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events:(A) Age.(B) Race.(C) Ethnicity.(D) Gender identity.(E) Sexual orientation.(F) Preferred language spoken.(G) Disability status.(H) Payor.(I) Sex.(4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client.(5) A reporting process that supports and encourages a culture of safety and reporting patient safety events.(6) A process for providing ongoing patient safety training for facility personnel and health care practitioners.(7) A process for addressing racism and discrimination, and its impacts on patient health and safety, that includes, but is not limited to:(A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities.(B) Encouraging facility staff to report suspected instances of racism and discrimination.(c) Commencing January 1, 2026, and biannually thereafter, health facilities shall submit patient safety plans to the departments licensing and certification division.(1) The department may impose a fine not to exceed five thousand dollars ($5,000) on health facilities for failure to adopt, update, or submit patient safety plans.(2) The department may grant a health facility an automatic 60-day extension for submitting biannual patient safety plans.(d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website. (e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Preventions National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable. |
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| 42 | 56 | | |
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| 43 | 57 | | SECTION 1. Section 1279.6 of the Health and Safety Code is amended to read: |
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| 44 | 58 | | |
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| 45 | 59 | | ### SECTION 1. |
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| 46 | 60 | | |
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| 47 | 61 | | 1279.6. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facilitys various health care professionals.(b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following:(1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facilitys various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following:(A) Review and approve the patient safety plan.(B) Receive and review reports of patient safety events as defined in subdivision (c).(C) Monitor implementation of corrective actions for patient safety events.(D) Make recommendations to eliminate future patient safety events.(E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan, and to incorporate advancements in patient safety practices.(2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options.(3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facilitys various categories of health care professionals, with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events:(A) Age.(B) Race.(C) Ethnicity.(D) Gender identity.(E) Sexual orientation.(F) Preferred language spoken.(G) Disability status.(H) Payor.(I) Sex.(4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client.(5) A reporting process that supports and encourages a culture of safety and reporting patient safety events.(6) A process for providing ongoing patient safety training for facility personnel and health care practitioners.(7) A process for addressing racism and discrimination, and its impacts on patient health and safety, that includes, but is not limited to:(A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities.(B) Encouraging facility staff to report suspected instances of racism and discrimination.(c) Commencing January 1, 2026, and biannually thereafter, health facilities shall submit patient safety plans to the departments licensing and certification division.(1) The department may impose a fine not to exceed five thousand dollars ($5,000) on health facilities for failure to adopt, update, or submit patient safety plans.(2) The department may grant a health facility an automatic 60-day extension for submitting biannual patient safety plans.(d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website. (e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Preventions National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable. |
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| 48 | 62 | | |
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| 49 | 63 | | 1279.6. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facilitys various health care professionals.(b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following:(1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facilitys various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following:(A) Review and approve the patient safety plan.(B) Receive and review reports of patient safety events as defined in subdivision (c).(C) Monitor implementation of corrective actions for patient safety events.(D) Make recommendations to eliminate future patient safety events.(E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan, and to incorporate advancements in patient safety practices.(2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options.(3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facilitys various categories of health care professionals, with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events:(A) Age.(B) Race.(C) Ethnicity.(D) Gender identity.(E) Sexual orientation.(F) Preferred language spoken.(G) Disability status.(H) Payor.(I) Sex.(4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client.(5) A reporting process that supports and encourages a culture of safety and reporting patient safety events.(6) A process for providing ongoing patient safety training for facility personnel and health care practitioners.(7) A process for addressing racism and discrimination, and its impacts on patient health and safety, that includes, but is not limited to:(A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities.(B) Encouraging facility staff to report suspected instances of racism and discrimination.(c) Commencing January 1, 2026, and biannually thereafter, health facilities shall submit patient safety plans to the departments licensing and certification division.(1) The department may impose a fine not to exceed five thousand dollars ($5,000) on health facilities for failure to adopt, update, or submit patient safety plans.(2) The department may grant a health facility an automatic 60-day extension for submitting biannual patient safety plans.(d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website. (e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Preventions National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable. |
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| 50 | 64 | | |
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| 51 | 65 | | 1279.6. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facilitys various health care professionals.(b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following:(1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facilitys various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following:(A) Review and approve the patient safety plan.(B) Receive and review reports of patient safety events as defined in subdivision (c).(C) Monitor implementation of corrective actions for patient safety events.(D) Make recommendations to eliminate future patient safety events.(E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan, and to incorporate advancements in patient safety practices.(2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options.(3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facilitys various categories of health care professionals, with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events:(A) Age.(B) Race.(C) Ethnicity.(D) Gender identity.(E) Sexual orientation.(F) Preferred language spoken.(G) Disability status.(H) Payor.(I) Sex.(4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client.(5) A reporting process that supports and encourages a culture of safety and reporting patient safety events.(6) A process for providing ongoing patient safety training for facility personnel and health care practitioners.(7) A process for addressing racism and discrimination, and its impacts on patient health and safety, that includes, but is not limited to:(A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities.(B) Encouraging facility staff to report suspected instances of racism and discrimination.(c) Commencing January 1, 2026, and biannually thereafter, health facilities shall submit patient safety plans to the departments licensing and certification division.(1) The department may impose a fine not to exceed five thousand dollars ($5,000) on health facilities for failure to adopt, update, or submit patient safety plans.(2) The department may grant a health facility an automatic 60-day extension for submitting biannual patient safety plans.(d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website. (e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Preventions National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable. |
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| 52 | 66 | | |
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| 53 | 67 | | |
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| 54 | 68 | | |
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| 55 | 69 | | 1279.6. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facilitys various health care professionals. |
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| 56 | 70 | | |
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| 57 | 71 | | (b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following: |
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| 58 | 72 | | |
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| 59 | 73 | | (1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facilitys various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following: |
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| 60 | 74 | | |
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| 61 | 75 | | (A) Review and approve the patient safety plan. |
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| 62 | 76 | | |
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| 63 | 77 | | (B) Receive and review reports of patient safety events as defined in subdivision (c). |
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| 64 | 78 | | |
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| 65 | 79 | | (C) Monitor implementation of corrective actions for patient safety events. |
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| 66 | 80 | | |
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| 67 | 81 | | (D) Make recommendations to eliminate future patient safety events. |
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| 68 | 82 | | |
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| 69 | 83 | | (E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan, and to incorporate advancements in patient safety practices. |
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| 70 | 84 | | |
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| 71 | 85 | | (2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options. |
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| 72 | 86 | | |
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| 73 | 87 | | (3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facilitys various categories of health care professionals, with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events: |
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| 74 | 88 | | |
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| 75 | 89 | | (A) Age. |
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| 76 | 90 | | |
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| 77 | 91 | | (B) Race. |
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| 78 | 92 | | |
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| 79 | 93 | | (C) Ethnicity. |
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| 80 | 94 | | |
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| 81 | 95 | | (D) Gender identity. |
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| 82 | 96 | | |
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| 83 | 97 | | (E) Sexual orientation. |
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| 84 | 98 | | |
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| 85 | 99 | | (F) Preferred language spoken. |
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| 86 | 100 | | |
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| 87 | 101 | | (G) Disability status. |
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| 88 | 102 | | |
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| 89 | 103 | | (H) Payor. |
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| 90 | 104 | | |
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| 91 | 105 | | (I) Sex. |
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| 92 | 106 | | |
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| 93 | 107 | | (4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client. |
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| 94 | 108 | | |
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| 95 | 109 | | (5) A reporting process that supports and encourages a culture of safety and reporting patient safety events. |
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| 96 | 110 | | |
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| 97 | 111 | | (6) A process for providing ongoing patient safety training for facility personnel and health care practitioners. |
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| 98 | 112 | | |
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| 99 | 113 | | (7) A process for addressing racism and discrimination, and its impacts on patient health and safety, that includes, but is not limited to: |
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| 100 | 114 | | |
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| 101 | 115 | | (A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities. |
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| 102 | 116 | | |
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| 103 | 117 | | (B) Encouraging facility staff to report suspected instances of racism and discrimination. |
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| 104 | 118 | | |
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| 105 | 119 | | (c) Commencing January 1, 2026, and biannually thereafter, health facilities shall submit patient safety plans to the departments licensing and certification division. |
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| 106 | 120 | | |
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| 107 | 121 | | (1) The department may impose a fine not to exceed five thousand dollars ($5,000) on health facilities for failure to adopt, update, or submit patient safety plans. |
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| 108 | 122 | | |
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| 109 | 123 | | (2) The department may grant a health facility an automatic 60-day extension for submitting biannual patient safety plans. |
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| 110 | 124 | | |
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| 111 | 125 | | (d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website. |
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| 112 | 126 | | |
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| 113 | 127 | | (e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Preventions National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable. |
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| 114 | 128 | | |
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| 115 | 129 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 116 | 130 | | |
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| 117 | 131 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 118 | 132 | | |
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| 119 | 133 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 120 | 134 | | |
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| 121 | 135 | | ### SEC. 2. |
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